Regulation 2 Amendment of the Education (Fees) (Scotland) Regulations 2022

The Education (Fees) (Scotland) Regulations 2022^f1 are amended as follows.

In regulation 2(1) (interpretation), after the definition of “European Economic Area”, insert—

• ““evacuated or assisted British national from Afghanistan” means a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the British Nationality Act 1981^f2 or a British protected person within the meaning of that Act who was either—

  1. (a)

     evacuated from Afghanistan by or on behalf of the United Kingdom, a North Atlantic Treaty Organisation member state, Pakistan, Uzbekistan, Tajikistan, Iran or Qatar during the period of the operation known as Operation Pitting, which began on 14 August 2021 and ended on 28 August 2021, or

  2. (b)

     assisted by or on behalf of the United Kingdom, after 28 August 2021 and before 6 January 2022, to leave Afghanistan,”.

In paragraph 1 of schedule 1 (EU nationals etc. with protected rights who have been living in the UK for three years) omit sub-paragraphs (2)(a) and (b).

After paragraph 1 of schedule 1 insert—

“EU nationals etc. with protected rights who have not been living in the UK for 3 years

1A.

A student is an excepted student if that student is a person with protected rights who—

(a)

is either an EU national or the family member of an EU national,

(b)

has not been ordinarily resident in the United Kingdom throughout the period of 3 years immediately preceding the relevant date,

(c)

is undertaking a course of education at an establishment in Scotland, and

(d)

is ordinarily resident in the United Kingdom on the relevant date.”.

In paragraph 5 of schedule 1 (workers who benefitted from the Freedom of Movement for Workers Regulation), after “has” where it appears in sub-paragraph (a), insert “or had”.

After paragraph 12 of schedule 1 (relocated Afghan citizens) insert —

“Evacuated or Assisted British nationals from Afghanistan

12A.

A student is an excepted student if that student—

(a)

is an evacuated or assisted British national from Afghanistan who—

(i)

has been ordinarily resident in the United Kingdom since they were evacuated from or otherwise left Afghanistan, and

(ii)

is ordinarily resident in Scotland on the relevant date, or

(b)

is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.”.

In paragraph 13 of schedule 1 (Ukrainian nationals), for sub-paragraph (1)(b) substitute—

“(b)

has been ordinarily resident in the United Kingdom since their arrival in the United Kingdom after leaving Ukraine, and

(c)

is ordinarily resident in Scotland on the relevant date.”.

After paragraph 13 of schedule 1 insert—

“United Kingdom nationals from Ukraine

13A.

A student is an excepted student if that student—

(a)

is a United Kingdom national who—

(i)

was residing in Ukraine immediately before 1 January 2022,

(ii)

left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

(iii)

has been ordinarily resident in the United Kingdom since their arrival in the United Kingdom after leaving Ukraine, and

(iv)

is ordinarily resident in Scotland on the relevant date, or

(b)

is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.”.